At the EU`s request, Canadian and European officials reacted again through the 2014 Comprehensive Economic and Trade Agreement (CETA) to reformulate the agreement`s investor-state dispute settlement (ISDS) clause. CETA, which was again completed on 29 February, now includes a permanent tribunal and an appeal mechanism, in line with the proposal to […] Following Canada`s ratification of the Comprehensive Economic and Trade Agreement (CETA) on May 17, 2017, Canada and the European Commission agreed to begin implementing the Agreement provisionally on September 21, 2017. This book analyzes the investment chapter of a new Canada-European Union trade agreement to help readers better understand this mega-regional agreement, which involves the protection of foreign investment. In 2008, an EU-Australia Partnership Framework was agreed, which will reduce barriers to trade, but does not constitute a free trade agreement. An agreement in principle was signed on 18 October 2013 by Canadian Prime Minister Stephen Harper and european Commission President José Manuel Barroso. Negotiations were concluded on 1 August 2014.  The trade agreement was formally presented on 25 September 2014 by Mr Harper and Mr Barroso at an EU-Canada summit at the Royal York Hotel in downtown Toronto.  The Canadian Business Roundtable served as a parallel business process from the launch to the conclusion of the CETA negotiations. On December 13 and 14, 2016, the European Commission and the Government of Canada jointly hosted exploratory discussions on the establishment of a multilateral investment court. Representatives of the Governments of several countries participated in the meeting in Geneva, under the closing session.
At the end of CETA, the two hosts pledged to “cooperate quickly” to create a permanent investment tribunal, which builds on the ICS mechanism contained in the agreement. The objective of […] Negotiations were concluded in August 2014. All 28 EU member states have approved the final text of CETA for signature, with Belgium being the latest country to agree.  Justin Trudeau, Prime Minister of Canada, travelled to Brussels on October 30, 2016 to sign on behalf of Canada.  The European Parliament approved the agreement on 15 February 2017.  The agreement must be ratified by the EU and national legislators.   It could only enter into force if the Court of Justice of the European Communities did not give a negative opinion on the dispute settlement procedure following a request for an opinion from Belgium.  In its opinion, the Court of Justice of the European Communities found that the dispute settlement mechanism was compatible with EU law.
 Pending its formal entry into force, key parts will be applied provisionally as of September 21, 2017.  In 2016, the European Commission announced that it had agreed with the Canadian government to replace CETA`s ad hoc arbitration tribunals with a permanent dispute settlement tribunal. The Tribunal will be composed of 15 members nominated by Canada and the EU and will refer individual cases in three groups. An appeal mechanism is put in place to ensure the “just right” of the attributions. Members of the Tribunal may not act as experts or party counsel in other investment matters.  In the consolidated text of CETA, a long section on “IPRs”, IPR, (p. . . .